Austin v. State
District Court of Appeal of Florida
1Per curiam
We affirm an order denying Appellant’s motion for post-conviction relief made pursuant to Florida Rule of Criminal Procedure 3.850.
We note, however, Appellant’s claim that counsel failed to call three witnesses whose testimony would have exculpated him. The trial court correctly found this claim to be facially insufficient because Appellant failed to adequately identify the potential witnesses. Nevertheless, Appellant did sufficiently describe the substance of their testimony in his memorandum of law in support of his motion, and Appellant’s brief, filed in this court, establishes…
2Cited by2 opinions
- Thurston v. StateDistrict Court of Appeal of Florida · 2000
- Speights v. StateDistrict Court of Appeal of Florida · 2001